ADA and FHA Accessibility Standards for Illinois Renters

Understanding accessibility standards is essential for Illinois renters with disabilities. Both the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) offer protections, but they apply in different ways. This guide explains the key differences and steps Illinois renters can take to ensure their housing meets their accessibility needs.

ADA and FHA: How They Protect Renters in Illinois

The Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) help Americans with disabilities access housing and public spaces. In Illinois, renters are protected under both laws—though they work differently.

• The ADA mostly applies to public or common spaces in apartment complexes and rental offices—not to private apartments themselves.
• The FHA applies to most rental housing, requiring landlords to make reasonable accommodations and allow reasonable modifications for tenants with disabilities.

Key Differences Between ADA and FHA

• Who is Covered: ADA covers public spaces; FHA covers most housing, including private rentals.
• Requirements: ADA requires accessibility in public/common areas. FHA requires landlords to accommodate and allow modifications inside units (within reason).
• Building Age: ADA applies mainly to public areas in buildings built or altered after 1991. FHA sets accessibility standards for buildings built for first occupancy after March 13, 1991.

Illinois Renters’ Rights Under the FHA

Under the Fair Housing Act, Illinois renters with disabilities have these important rights:

• The right to request reasonable accommodations (like a service animal, reserved parking, or notification adjustments).
• The right to make reasonable modifications to their unit (such as installing grab bars), usually at their own expense.
• Protection from discrimination based on disability.

If your landlord refuses reasonable accommodation or modification requests, you have the right to file a complaint.

How to Request Accommodations or Modifications

Put your request in writing. Clearly explain the accommodation or modification you need and how it relates to your disability. You may offer medical documentation if needed (but cannot be forced to share full medical history).

Relevant Official Form: HUD Discrimination Complaint Form (Form 903)

• Form Name: Housing Discrimination Complaint Form (HUD 903)
• How and When to Use: If your landlord refuses your reasonable accommodation/modification request, use this form to file a housing discrimination complaint with the U.S. Department of Housing and Urban Development (HUD). Example: You asked your landlord for a wheelchair ramp and they denied your request.
• File a HUD Housing Discrimination Complaint (Form 903)

Illinois Accessibility Law and State Agencies

In addition to federal laws, Illinois’s main rental housing legislation is the Illinois Landlord and Tenant Act, and discrimination is monitored through the Illinois Department of Human Rights (IDHR).

• If you face discrimination, you can also file a complaint with the IDHR.
• The Illinois Courts handle housing-related legal disputes and appeals.

Illinois Department of Human Rights Housing Discrimination Complaint

• Form Name: Charge of Discrimination Housing Intake Form
• When to Use: If you believe your housing rights under Illinois law have been violated, file this form with the IDHR. Example: Your landlord refused to let you have an assistance animal despite disability documentation.
• Illinois Housing Discrimination Complaint Intake

The IDHR is the official body handling residential discrimination cases in Illinois.

What to Do If You Experience Accessibility Barriers

• Talk to your landlord first and make your request in writing.
• If your request is denied, gather documentation of your efforts.
• Consider filing a complaint with HUD or the IDHR (see forms above).
• Keep copies of all communications for your records.

Tip: You cannot be evicted or retaliated against for asserting your accessibility rights under the FHA or ADA.

Frequently Asked Questions

1. What is considered a reasonable accommodation for a renter with a disability?
   A reasonable accommodation is a change to rules, policies, or services so a person with a disability can use and enjoy their home. Examples include allowing a service animal, accessible parking, or installing visual alarms.
2. Can my landlord deny my accommodation or modification request?
   A landlord can only deny a request if it is unreasonable—in other words, if it causes significant financial or administrative hardship or fundamentally changes the housing. Most standard accessibility requests must be considered.
3. What should I do if my landlord refuses an accommodation?
   Keep your written communications, and use HUD’s Form 903 or the Illinois Department of Human Rights Intake process to file a complaint.
4. Will I have to pay for accessibility modifications?
   Generally, renters pay for modifications inside their unit, but landlords pay for modifications to common areas. Sometimes, assistance is available—see the "Need Help?" section below.

Conclusion: Key Accessibility Takeaways for Illinois Renters

• Illinois renters with disabilities are protected by both federal and state law.
• Use written requests, and know you can file complaints with HUD or the Illinois Department of Human Rights.
• The ADA covers public/common spaces. The FHA also covers accommodations inside private rentals.

Understanding your rights and the forms available can help you get the accessibility you need in Illinois rental housing.

Need Help? Resources for Renters

• HUD: Accessibility in Rental Housing (official government accessibility guidance)
• Illinois Department of Human Rights (housing complaints and support)
• Illinois Circuit Court Clerks (ask about housing-related legal actions in your county)
• Illinois Landlord and Tenant Act (official state rental law text)

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1. Fair Housing Act summary on HUD.gov
2. Americans with Disabilities Act (ADA) official portal
3. Illinois Landlord and Tenant Act (official state source)
4. Illinois Department of Human Rights: Housing Discrimination Information
5. HUD: File a Fair Housing Discrimination Complaint

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